A prior art search is a key service when preparing an application for an invention or a utility model. It helps determine whether your solution is new and whether there are chances of obtaining a patent.
An invention is considered new if it is not known from the prior art.
Prior art includes any information that has become publicly available worldwide before the priority date of the invention.
Thus, prior art comprises all published information about similar technical solutions that became accessible to the public before filing an application with the patent office. The only exception is information disclosed by the author within the “grace period,” i.e., no more than 12 months before the filing date.
Prior art is not limited to patents and applications. It also includes information from printed publications and mass media; scientific articles and dissertations; conference presentations; samples presented at exhibitions; advertising brochures and catalogs; publications on the Internet (including manufacturers’ websites and marketplaces); videos posted on open profiles on video platforms and social media.
If your solution has already been described anywhere — even in another language or in a hard-to-access source — it loses its novelty, and obtaining a patent becomes impossible.
A prior art search and analysis is not a formality, but a strategic tool for protecting your development.
It allows you to assess the uniqueness of your solution before filing; identify risks of patent refusal; understand how competitors design around limitations; develop a strong set of claims; expand the scope of legal protection (e.g., patent not only a component, but also a system or method).
A well-conducted analysis helps you stay ahead of competitors and obtain broader protection.
The “prior art” section of a patent application includes an analysis of both patent and non-patent sources.
During the analysis shortcomings of known solutions are identified; their characteristics are compared; advantages of the new solution are substantiated; the technical result and the effect of distinguishing features are disclosed.
For information to be included in prior art, it must be publicly available.
In this context:
At first glance, a search may seem like a simple internet query. However, search engines cover only a small portion of technical information.
The main body of data is contained in specialized databases such as: Patentscope, EAPO, Rospatent, USPTO, Espacenet, Reaxys, and others.
A patent attorney acts as both a researcher and an analyst:
From a large set of results, the specialist selects 3–5 most critical documents that may affect patentability. It is important not only to find similar solutions, but to correctly compare all essential features — both for identity and equivalence.
By entrusting us with a prior art search, you receive: